# Unfair Dismissal in Ireland vs Dismissal Rules in Italy: Service, Reasons and Remedies

> Ireland's Unfair Dismissals Acts (1 year's service, 104 weeks' cap) and Minimum Notice Act vs Italian giusta causa, giustificato motivo and the Jobs Act.

Irish employers dismiss with care: fair procedures, a fair reason and the Workplace Relations Commission (WRC) in the background. But most of the statutory regime under the Unfair Dismissals Acts only applies after a year's service. In Italy, protection starts the day probation ends, the reason must be in the dismissal letter, and the remedies are calculated in months of pay. Full comparison on [Italy vs Ireland](/italy-vs-ireland.html).

## Ireland: Unfair Dismissals Acts and minimum notice

The **Unfair Dismissals Acts 1977–2015** set the framework:

- **Qualifying service.** An employee generally needs **one year's continuous service** to bring an unfair dismissal claim. There are exceptions where no service is needed, for example dismissal for pregnancy, trade union membership or making a protected disclosure, and for discriminatory dismissal on the grounds listed in equality law.
- **Burden on the employer.** Every dismissal is presumed unfair unless the employer shows substantial grounds, such as capability, competence, qualifications, conduct or redundancy, and fair procedures.
- **Redress.** The WRC can order reinstatement, re-engagement or compensation. Compensation for financial loss is capped at **104 weeks' remuneration** (section 7 of the 1977 Act). Where there is no financial loss, up to 4 weeks' pay can be awarded. For dismissal over a protected disclosure, the cap is 5 years' pay.
- **Probation.** Probation is limited to 6 months (12 exceptionally). Dismissal during probation still requires natural justice for misconduct.

The **Minimum Notice and Terms of Employment Acts 1973–2005** set the floor for notice, once the employee has 13 weeks' service:

| Service | Minimum notice from employer |
|---|---|
| 13 weeks to 2 years | 1 week |
| 2 to 5 years | 2 weeks |
| 5 to 10 years | 4 weeks |
| 10 to 15 years | 6 weeks |
| 15 years or more | 8 weeks |

A contract can give more, not less.

## Italy: a reason for every dismissal after probation

Italian law (Law 604/1966, art. 2118–2119 c.c., D.Lgs 23/2015) requires one of three reasons:

- **Giusta causa (just cause):** conduct so serious that the relationship cannot continue even temporarily. No notice is due (art. 2119 c.c.).
- **Giustificato motivo soggettivo:** a significant breach of duties by the employee, less serious than just cause. Notice is due.
- **Giustificato motivo oggettivo:** organisational or economic reasons, such as abolition of the role. The employer must normally show it could not redeploy the employee.

Any **disciplinary** dismissal must follow art. 7 of the Statuto dei Lavoratori: a written charge, at least five days for the employee's defence, and then the decision. The **dismissal letter must state the reasons**. Notice length comes from the CCNL, not from a statutory table, and is usually longer than the Irish minimum: from a few weeks for junior staff to several months for managers.

## Remedies under the Jobs Act

For employees hired from 7 March 2015 (most of the workforce today), D.Lgs 23/2015 applies:

- **Employers with more than 15 employees:** compensation of **6 to 36 months'** reference pay for an unjustified dismissal; reinstatement remains for void, discriminatory or oral dismissals and for some disciplinary cases where the alleged fact did not exist.
- **Employers with 15 or fewer employees:** **3 to 18 months'** pay, following Constitutional Court judgment 118/2025.
- **Early settlement:** the employer can offer a tax-free amount in a protected venue to close the matter quickly.

On top of this, every dismissal triggers the **NASpI "ticket"**, about €649.73 per year of service in 2026 up to about €1,949, paid to INPS.

## Side by side

| Topic | Ireland | Italy |
|---|---|---|
| Protection starts | Usually after 1 year | When probation ends |
| Reason required | Substantial grounds, fair procedure | Just cause or justified reason, in the letter |
| Disciplinary process | Fair procedures / code of practice | Art. 7 Statuto: written charge, 5 days |
| Notice | Statute: 1–8 weeks by service | CCNL: weeks to months by level |
| Main remedy | Compensation up to 104 weeks | 6–36 months (3–18 small employers) |
| Reinstatement | Possible, rarely ordered | For void/discriminatory and some disciplinary cases |
| Extra cost | None | NASpI ticket |

## Why this matters for Irish managers

The Irish "first year" is a planning buffer that does not exist in Italy. If a hire is not working out, the decision must be taken during probation, documented, and communicated in writing. After that, a performance problem must be handled through a documented disciplinary process or framed as an objective reason, which is hard to prove for an individual role. Redundancy-based exits of five or more people in 120 days trigger the collective procedure; see [Statutory redundancy vs TFR](/articles/ireland-statutory-redundancy-vs-italy-tfr.html).

Also remember that every Italian exit, including dismissal, pays out the accrued **TFR**, and that untaken leave and notice not worked are paid in the final payslip.

## Common questions from Irish employers

**Can we just pay notice and walk away?** Pay in lieu of notice is possible, but it does not cure the lack of a valid reason.

**Is mutual agreement possible?** Yes. Resignations and mutual terminations must be submitted online by the employee; a settlement signed in a protected venue (union, labour office, conciliation) is final.

**Does the employee need to go to court?** The employee must challenge the dismissal in writing within 60 days and then file within 180 days.

## What this means if you hire through an EOR

With an Employer of Record, the EOR is the employer that issues the disciplinary charge and dismissal letter, applies the CCNL notice and pays TFR and the NASpI ticket. You agree the business decision; the EOR makes sure the procedure is valid. Read more on [Italian employment contracts](/italy-employment-contracts.html), compare countries on [Italy vs your country](/italy-vs-your-country.html), estimate costs in the [calculator](/calculator.html) or [contact us](/contact.html).

## Related guides for Irish companies

- [Irish written statement vs the Italian contract](/articles/ireland-written-statement-vs-italian-employment-contract.html)
- [Statutory redundancy vs TFR and collective dismissal](/articles/ireland-statutory-redundancy-vs-italy-tfr.html)
- [PRSI and MyFutureFund vs INPS](/articles/ireland-prsi-myfuturefund-vs-inps-employer-cost.html)

*General information, not legal advice.*

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Source: https://hiringitaly.com/articles/ireland-unfair-dismissal-vs-italian-dismissal-rules.html · 2026-11-10